Quality must trump convenience in online justice reforms

As the Government presses ahead with plans for online and
virtual hearings, the Bar Council has warned that the quality and
the reputation of our system of justice must not suffer.

Chairman of the Bar, Andrew Langdon QC said:
"Appropriate safeguards must be put in place to ensure that the
quality of justice and the high regard in which our system is held
are not undermined.

"Technology has the potential to enhance our system of justice
and to provide greater convenience to some court users. If used
correctly, it can also save unnecessary expenditure. But we must
ensure that convenience and cost do not override other important
considerations.

"Virtual hearings in criminal cases should remain the exception
rather than the norm. Criminal proceedings are generally better
conducted when the participants are together in one place. It is
essential that there is no diminution in the quality of open
justice.

"As to some of the envisaged on-line procedures, defendants must
be offered a genuine choice. They must also be made aware of their
right to consult a lawyer.

"Inviting defendants to use an on-line procedure to indicate a
plea, or to opt for a summary trial instead of a Crown Court jury
trial, risks trivialising potentially serious consequences for
those accused of committing offences.

"Although certain witnesses benefit from being able to give
evidence by way of a remote link to court or by way of pre-recorded
testimony, generally speaking, the physical presence of victims,
witnesses, juries, defendants, judges, lawyers and the public, is
fundamental to our innate sense of how justice should be
delivered."

In a
briefing to MPs ahead of the Second Reading of the Prisons and
Courts Bill, the Bar Council also warned that:

Issuing convictions online should be limited to low level
offences such as those which attract a Fixed Penalty
Notice.

The Secretary of State should not have the power - without wide
consultation - to determine those offences for which on-line
convictions can be secured.

Reforms to the roles and qualifications expected of HMCTS staff
who will be authorised to take on more of the case management
functions of a court or tribunal lack clarity. Parliament has not
been given enough detail for them adequately to be
scrutinised.

The Bar Council's parliamentary briefing on the Prisons and
Courts Bill is available
here.